New York S 10449: Prohibits the storage of flavored vapor products near where vapor or tobacco products are sold at retail or wholesale

Bill Text

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S10449 Summary:

BILL NOS10449 

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SAME ASNo Same As

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SPONSORBOTTCHER

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COSPNSRBROUK, COMRIE, FAHY, FERNANDEZ, JACKSON, KRUEGER, MARTINEZ, MAYER, MYRIE, PALUMBO, RHOADS, WEBB,
 WEBER

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MLTSPNSR

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Amd §§1399-aa, 1399-ee, 1399-ff, 1399-gg, 1399-hh, 1399-ii, 1399-ii-1, 1399-ll & 1399-mm-1, Pub Health L; amd
§1183, Tax L

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Prohibits the keeping of inventory, storage, warehouse, processing, packaging, shipping or distributing of flavored vapor products near where vapor or tobacco products are sold at retail or wholesale.

Go to top S10449 Actions:

BILL NOS10449 

&nbsp

05/15/2026REFERRED TO HEALTH

Go to topS10449 Committee&nbspVotes:

Go to topS10449 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10449 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10449

 IN SENATE

 May 15, 2026
 ___________

 Introduced by Sens. BOTTCHER, BROUK, COMRIE, FAHY, FERNANDEZ, JACKSON,
 KRUEGER, MARTINEZ, MAYER, MYRIE, PALUMBO, RHOADS, WEBB, WEBER -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Health

 AN ACT to amend the public health law and the tax law, in relation to
 prohibiting the storage of flavored vapor products near where vapor or
 tobacco products are sold at retail or wholesale

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1, 17 and 18 of section 1399-aa of the public
 2 health law, subdivision 1 as amended by chapter 13 of the laws of 2003,
 3 and subdivisions 17 and 18 as added by section 2 of part EE of chapter
 4 56 of the laws of 2020, are amended to read as follows:
 5 1. "Enforcement officer" means the enforcement officer designated
 6 pursuant to article thirteen-E of this chapter to enforce such article
 7 and hold hearings pursuant thereto; provided that in a city with a popu-
 8 lation of more than one million it shall also mean an officer or employ-
 9 ee or any agency of such city that is authorized to enforce any local
 10 law of such city related to the regulation of the sale of cigarettes,
 11 tobacco products, or vapor products to minors.
 12 17. "Vapor products" means any noncombustible liquid or gel, regard-
 13 less of the presence of nicotine therein, that is manufactured into a
 14 finished product for use in an electronic [cigarette, including any]
 15 device that delivers vapor which is inhaled, including any refill,
 16 cartridge, device, or component thereof, that contains or is intended
 17 to be used with such noncombustible liquid or gel. "Vapor product" shall
 18 not include any device, or any component thereof, that does not contain
 19 such noncombustible liquid or gel, or any product approved by the United
 20 States food and drug administration as a drug or medical device, as
 21 those terms are defined in the federal food, drug, and cosmetic act, or
 22 manufactured and dispensed pursuant to [title five-A] article three,
 23 four, or five of [article thirty-three of this chapter] the cannabis
 24 law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05720-06-6

 S. 10449 2

 1 18. "Vapor products dealer" means a person licensed by the commission-
 2 er of taxation and finance to sell vapor products [in this state], or a
 3 person or business required to obtain such license.
 4 § 1-a. Subdivision 1 of section 1399-aa of the public health law, as
 5 amended by chapter 551 of the laws of 2025, is amended to read as
 6 follows:
 7 1. "Enforcement officer" means the enforcement officer designated
 8 pursuant to article thirteen-E of this chapter to enforce such article
 9 and hold hearings pursuant thereto; provided that in a city with a popu-
 10 lation of more than one million it shall also mean an officer or employ-
 11 ee or any agency of such city that is authorized to enforce any local
 12 law of such city related to the regulation of the sale of cigarettes,
 13 tobacco products, or vapor products to minors, or for the purposes of
 14 section thirteen hundred ninety-nine-ee of this article, the office of
 15 administrative trials and hearings of such city.
 16 § 2. Subdivision 2 and paragraph (f) of subdivis